There are stiff penalties for a DWI conviction in New Jersey, including the loss of your driver’s license for an extended period of time, hefty fines and surcharges, jail time, as well as, numerous collateral consequences far into your future.
New Jersey courts take DWI charges seriously and so should you. Don’t gamble with your future by leaving your DWI charge to an inexperienced law firm. Call our law firm today to consult with an experienced and qualified New Jersey DUI attorney who can protect your rights and obtain the most favorable outcome for your case.
DWI/DUI (N.J.S.A. 39:4-50)
In New Jersey, Driving While Intoxicated (DWI) refers to drunk driving while Driving Under the Influence (DUI) refers to driving under the influence of a drug. Despite this difference, the terms are virtually interchangeable in New jersey.
Under N.J.S.A. 39:4-50, you may be found guilty of DWI/DUI if, while operating a motor vehicle, your blood alcohol level (BAC) is 0.08% or above.
Two things can affect a DWI/DUI charge in New Jersey and determine how serious the penalties will be:
- Whether or not you have any prior DWI/DUI convictions; and
- Your level of intoxication, measured by your blood alcohol content (BAC)
Generally, the higher your blood alcohol content, the more serious the charges you are facing.
The Penalties for a DWI/DUI in New Jersey?
The Penalties for a first time DWI/DUI conviction in New Jersey are as follows:
- A fine of $250 – $500, depending on your BAC level
- A 30-day license suspension
- Mandatory installation of an ignition interlock device at your own cost for 3 – 6 months, depending on your BAC level
- Incarceration for up to 30 days
The Penalties for a second DWI/DUI within 10 years of the first are as follows:
- A fine of $500-$1000, depending on your BAC level
- Up to 90 days in jail
- Mandatory installation of an ignition interlock device at your own cost for 2 – 4 years
- A license suspension for 1 – 2 years
The Penalties for a third DWI/DUI in New Jersey are as follows:
- A fine of $1000
- Up to 180 days in jail
- Mandatory installation of an ignition interlock device at your own cost for 2 to 4 years
- A license suspension for 8 years
In addition, you may also be sentenced to undergo treatment at an Intoxicated Driver Resource Center (IDRC) for a period of 12 – 48 hours.
You will also be responsible for paying more than $500 in other mandatory fees associated with your DWI/DUI conviction.
Furthermore, if convicted, you will be required to pay a surcharge of $1000 each year, for three years for a first or second conviction. For a third conviction, the surcharge will be $1500 each year for three years.
Defending a DWI/DUI in New Jersey
Many people think that nothing can be done to defend a DWI/DUI charge, but this is simply not true. There are many possible defenses to a DWI/DUI charge in New Jersey. Here are a few of the most common:
- There was no valid reason to stop you
The police cannot simply stop a car at random, hoping to catch an impaired driver. The officer must have a reasonable and articulable suspicion of unlawful conduct.
Sometimes an officer will stop a motorist for bad driving that falls short of a traffic violation or unlawful conduct, such as for weaving within a lane. However, isolated incidences of bad driving are not always enough.
- There was no probable cause to arrest you
To validate an arrest, the officer must have probable cause to believe that you are driving under the influence. Probable cause is usually based on two things:
- The officer’s observations; and
- Your performance on field sobriety tests.
An officer may claim that you had bloodshot eyes, a flushed complexion, blurred speech, or an unsteady gaze. However, these behaviors may have an innocent explanation, such as fatigue, illness, embarrassments, or anxiety.
Field sobriety tests are tests of coordination, that are even difficult for sober people to pass. These tests can be challenged if the officer didn’t administer them correctly. What’s more, if you performed poorly on a field sobriety test, the reason could be an injury, unsuitable footwear, roadside conditions, or nerves.
- The breath and/or blood test was faulty
The results of blood and breath tests can be challenged whenever proper testing procedures were not followed. The apparatus must be well maintained and calibrated. The person performing the test must be certified and must perform the tests correctly.
But, besides a broken machine and faulty procedures, falsely high results can also be caused by medical conditions, injuries, the timing of the test, and other factors. Furthermore, if the samples were not properly collected, preserved, and stored, they may be contaminated or degraded.
When supported by facts, either of these defenses (and others) can lead to either the dismissal of your case, a favorable plea bargain, or a verdict of not guilty.
Why Hire Us to Defend a DWI/DUI in New Jersey?
If you are like most people, you are likely unfamiliar with the language and routines involved in a court proceeding. This puts you at a distinct disadvantage, as you are likely to be opposing a prosecutor who is in court every day and knows how to present his or her case well.
Our law firm can drastically increase your chances of winning your case. We are highly experienced in New Jersey traffic laws, as well as, court rules and procedures and can present a much more compelling case on your behalf. Contact us today to consult with an experienced and qualified New Jersey DUI attorney.